Oklahoma City, OK asked in Family Law and Child Support for Arkansas

Q: Are you allowed to say i heard or I believe when bringing allegations against someone in an exparte order in Arkansas

I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.

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2 Lawyer Answers

A: If you try to quote someone else by saying what you heard, you may be prohibited from repeating what you heard due to the Hearsay rule. There are ways around Hearsay, but you will generally need a lawyer to help you avoid the Hearsay problem. If there is an eyewitness who made a statement to you that is relevant for the case, you may need that witness subpoenaed to court.

A: If you have proof that the allegations are untrue, you should have the proof ready at the hearing in an admissible format. Merely saying "I heard" or "I believe" may lead to the information being excluded. If there are eyewitnesses for your case, they may need to be subpoenaed to the hearing. If you have a belief, you will need admissible factual support as a basis for your belief. A trial lawyer can assist you with assessing your evidence and getting it ready for presentation in court.

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